The Venice Court of Appeals recently delivered a judgment confirming the full validity of Bottega S.p.A.'s trademarks, protecting the distinctive features of the Bottega Gold and Rose Gold bottles, and dismissed Ca' di Rajo's claim of non-infringement, recognising the confusability with Bottega's trademarks of Ca' di Rajo's gold and rose mirrored bottles, and condemned Ca’ di Rajo to the payment ofthe full legal costs and expenses of the case. .
This judgment confirms the similar judgment delivered at first instance by the Venice Tribunal, the previous decision in the precautionary phase and the subsequent appeal to the panel. It is therefore a win confirmed for four times.
Specifically, the Venetian court, one of the most competent in our country, argued that the bottles' distinctive gold and rose mirrored colours are the primary element characterising Bottega Spa's trademarks. Therefore, neither the shape of the bottle, nor the label, nor any other graphic details are capable of eliminating the confusing effect of identical mirrors. Similar judgments have been delivered in the recent past by the EUIPO, the European Union Intellectual Property Office, and subsequently by the EU Court.
The aforementioned judgment thus confirmed once again the distinctiveness of the trademarks, expressed by the worldwide diffusion of the brand to the extent that the so-called mirroring of the colours gold and pink have become the emblem of Bottega's trademarks.
Bottega has been designing bottles with mirrored colours since 2001, confirming a long and articulated career in which it has always demonstrated the utmost originality and extreme innovation, entrepreneurial characteristics which, together with a quality recognised over the years by almost 400 national and international awards, have made the winery and distillery in Bibano di Godega (TV) one of the most imitated companies in the world in the wine and spirits sector. The validity of the trademarks registered over the years has been recognised in Italy and in Europe by the various competent bodies.